Terms & Conditions of Use
Effective: February 17th, 2021
Use of this Site or App
Use of Services by Persons under 21
In addition, persons under the age of twenty-one (21) years of age are prohibited from accessing or attempting to access password-restricted information and/or portions of this Site (the “Age Requirements”). Hard Rock Casino Northern Indiana does not allow persons under the age of 21 to gamble or loiter at its gaming facilities. We do not knowingly collect information from persons under the age of 21 and we do not target the Services to persons under the age of 21. Ifwe discover we are in possession of personal information related to a person under the age of 21 through the Services, we will promptly delete and or destroy such personal information.
A web account is required to access certain portions of the Services and may be accessed and used only by those authorized individuals who are registered with Hard Rock Casino Northern Indiana. In registering for the Services, you agree to submit accurate, current, and complete information about you and promptly update such information, if applicable. Should Hard Rock Casino Northern Indiana suspect that such information is untrue, inaccurate, not current, or incomplete, Hard Rock Casino Northern Indiana has the right in its sole discretion to suspend or terminate your access to and use of some or all of the Services and/or seek updated information from you. If you created a web account on any Services, you may cancel your account at any time by notifying Hard Rock Casino Northern Indiana and following the necessary cancellation procedures. There is no minimum commitment to open or maintain an account.
You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer or mobile device to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the applicable Service and the computer or operating system you are using to prevent unauthorized access to your account with Hard Rock Casino Northern Indiana. You agree to notify Hard Rock Casino Northern Indiana immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Web accounts and associated credentials cannot be shared or used by more than one individual.
Product and Promotional Pricing and Availability
Use of Materials; Proprietary Rights Restrictions
You agree not to upload, transmit, post, email or otherwise make available to any of the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, Easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment.
In addition, you further agree not to: (i) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on any of the Services or contained in a file that is uploaded to any Service; (ii) impersonate any person or entity, including, but not limited to, a Hard Rock Casino Northern Indiana official or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) attempt, through any means, to gain unauthorized access to the Services or another user’s account on any of the Services; (iv) access, monitor, observe, or otherwise use any aspect of the Services if you are not in compliance with the Age Requirements; (v) use any device, software, or routine that interferes or attempts to interfere with the proper working of the Services; (vi) use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Services without Hard Rock Casino Northern Indiana’s prior express written permission; (vii) engage in the systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited; (viii) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; or (ix) create liability for Hard Rock Casino Northern Indiana or cause Hard Rock Casino Northern Indiana to lose (in whole or in part) the services of its information technology partners or other suppliers.
All material on the Services, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, software code, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, except for the Hard Rock Marks, are owned by Hard Rock Casino Northern Indiana or other parties that have licensed their material, and are protected by copyright, trademark, and other intellectual property laws. Hard Rock and associated logos (the “Hard Rock Marks”) are the trademarks of Hard Rock Cafe International (USA), Inc. or its affiliated entities, and are used under license to Hard Rock Casino Northern Indiana. Unauthorized use is expressly prohibited.
The names and logos of third- party products and companies shown on the website and used in the materials are the property of their respective owners and may also be trademarks.
The Materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Hard Rock Casino Northern Indiana. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior written consent of Hard Rock Casino Northern Indiana, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Any unauthorized use of any Materials contained on or offered via the Services may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, as well as other applicable law.
If you have accessed the Services, Hard Rock Casino Northern Indiana grants to you a personal, non-exclusive, non-transferable, revocable, limited license to use and display the audio and visual information and documents contained in or made available through the Services (the “Content”) solely for your own personal use. All rights in the Content, Site and Services not expressly granted herein by Hard Rock Casino Northern Indiana to you are reserved by Hard Rock Casino Northern Indiana and/or its licensors.
Hard Rock Casino Northern Indiana alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by you relating to the Services (“Submissions”), and you agree to and hereby assign such Submissions to Hard Rock Casino Northern Indiana free of charge. Hard Rock Casino Northern Indiana may use or not use such Submissions as it deems appropriate in its sole discretion. For any submissions that cannot be legally assigned to Hard Rock Casino Northern Indiana, you hereby grant Hard Rock an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and in any and all media or formats, whether now known or hereafter created, and you agree that Hard Rock is free to use any ideas, concepts, know-how or techniques that you send Hard Rock Casino Northern Indiana for any purpose whatsoever, with no compensation to you. You also hereby waive any “moral rights” associated with the Submissions. For the avoidance of doubt, Hard Rock Casino Northern Indiana has no obligation to affirmatively monitor or moderate Submissions posted to any Service by any user, but has the right in its sole discretion to modify, remove or delete any Submissions in its sole discretion.
Mobile App Terms
If you wish to download the App, you are granted the non-exclusive right to download, install, access and use a single copy of the App on a single mobile device owned by you. You agree not to (i) modify, adapt or translate the App or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App, Content or Services; (iii) modify, translate or prepare derivative works of the App, Content or Services, or any portion thereof; (iv) make any commercial use of the App or Services; or (v) rent, lease, distribute or lend the App or Services to third parties.
You are also solely responsible at your sole cost for any wireless or other data service necessary to access the Services and use the App. You agree to abide by the terms and conditions of any agreement with your wireless or data service carrier.
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may remove or disable access to material on the Services that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). You can mail the notification to our Designated Agent at: Hard Rock Casino Northern Indiana, Attn: Legal, 5400 West 29th Ave., Gary, IN 46406.
(C) The written notification of claimed infringement must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. We may also terminate the account or access of any repeat infringer.
You expressly agree that use of the Services is at your sole risk. The Services and any content contained therein or downloadable therefrom are provided on an “as is” and “as available” basis. Hard Rock Casino Northern Indiana expressly disclaims all warranties of any kind, express or implied, including, without limitation, any warranty of non-infringement, merchantability, fitness for a particular purpose, and quiet enjoyment. No advice or information, whether oral or written, obtained by you from Hard Rock Casino Northern Indiana or through the Services shall create any warranty not expressly made herein. Hard Rock Casino Northern Indiana shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced via the Services or any use of same by you. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services or any content contained therein or downloaded therefrom is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
Hard Rock Casino Northern Indiana makes no warranty that the Services or any content provided through the Services or any content contained therein or downloaded therefrom will meet your requirements, be accurate, complete, current or timely, or that the Services will be uninterrupted, timely, secure, or error free. In the event that the Services’ content is inaccurate, incomplete, or out of date, Hard Rock Casino Northern Indiana does not intentionally make material misrepresentations nor does Hard Rock Casino Northern Indiana intentionally provide incorrect information. Hard Rock Casino Northern Indiana and its licensors make no representation or warranties that this site or any content contained therein or downloaded therefrom is appropriate or available for use in all geographic locations. If you use the Services from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
Limitation of Liability
Hard Rock Casino Northern Indiana and its officers, directors, board, employees and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Services or any content contained therein or downloadable therefrom, or any information obtained via the Services or for the cost of procurement of substitute services or resulting from unauthorized access to or alteration of your transmissions or data, including, but not limited to, damages for loss of profits, use, data or other intangibles even if foreseeable or if Hard Rock Casino Northern Indiana has been advised of the possibility of such damages. If your use of the Services results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof. Any transactions, communications, or other dealings you have with third parties found on or through the Services are solely between you and the third party. Hard Rock Casino Northern Indiana makes no representations or warranties with respect to such third parties offering services. Hard Rock Casino Northern Indiana shall not be responsible nor liable for or in connection with any such third-party transactions, communications, or other dealings.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You hereby agree to indemnify, defend, release, and hold harmless Hard Rock Casino Northern Indiana (its affiliates, successors, assigns, and each’s respective employees, officers, directors, managers, principals, members, stockholders, agents, licensors, and their respective successors and assigns), from and against any and all claims, damages, obligations, liabilities, losses, damages, fines, costs, and expenses (including, but not limited to, reasonable attorney’s fees, reasonable consultants’ fees, and court costs) incurred as a result of, arising from, or related to your use of any of the Services, any Submissions provided by you (including in the event your Submissions infringe, dilute, misappropriate or otherwise violate the rights of any third party, including with respect to rights of publicity or privacy), access by others to the Services under your authority or control or using your web account, and/or any Content or other information contained therein or provided thereby, including, but not limited to, information from Linked Sites linked to the Services.
Failure to Abide by theseTerms
Hard Rock Casino Northern Indiana reserves the right, in its sole discretion, and for any reason, to refuse access to any user at any time to those portions of the Services that require registration. You agree that Hard Rock Casino Northern Indiana shall not be liable to you or any third party for any termination of your access to any Material, Content, or the Services.
Governing Law and Venue
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by email at [insert email] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and Hard Rock Casino Indiana agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
C. Class Action and Class Arbitration Waiver. You and Hard Rock Casino Indiana each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Hard Rock Casino Northern Indiana each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to the following email: ______. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, Hard Rock Casino Northern Indiana will not be bound by them.
Invalidity; Additional Terms
No arrangements for prohibited persons/excluded persons
You acknowledge that Hard Rock Casino Northern Indiana operates gaming establishment. Hard Rock Casino Northern Indiana is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury; and (ii) must exclude or eject any “excluded persons” that are listed on the [insert applicable Indiana list]. You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to stay at, use, or tour any Hard Rock Casino Northern Indiana facility or use the Services.
Persons who have executed and submitted to Hard Rock Casino Northern Indiana a Request for Voluntary Self-Exclusion from Casino Gambling (“Voluntary Self-Exclusion”) may not use the Site or the Services. Other limitations of self-excluded persons are contained in the Voluntary Self-Exclusion. Creating an account on the Site does not rescind your Voluntary Self-Exclusion. Rescission of a Voluntary Self-Exclusion is governed by the terms and conditions set forth in the Voluntary Self-Exclusion. In accordance with the terms and conditions of the Voluntary Self-Exclusion, Hard Rock Northern Indiana is not liable for any access by or services provided to a self-excluded person as a result of self-excluded persons accessing the Site or creating an account.